[Federal Register Volume 60, Number 72 (Friday, April 14, 1995)]
[Notices]
[Pages 19084-19085]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-9185]
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DEPARTMENT OF JUSTICE
Drug Enforcement Administration
Scott R. Barrett, Jr., M.D.; Revocation of Registration
On February 7, 1994, the Deputy Assistant Administrator, Office of
Diversion Control, Drug Enforcement Administration (DEA), issued an
Order to Show Cause to Scott R. Barrett, Jr., M.D., of Ballwin,
Missouri. The Order to Show Cause sought to revoke Dr. Barrett's DEA
Certificate of Registration, AB7432571, and to deny any pending
applications for renewal of such registration.
The Order to Show Cause was first sent by registered mail to Dr.
Barrett at his registered location, 13975 Manchester Road, Suite 4,
Ballwin, Missouri. The Order to Show Cause was returned to DEA
unclaimed with a notation on the envelope indicating that the
forwarding order had expired. When DEA investigators visited Dr.
Barrett's registered location, they found that the office was closed
and had been boarded up. The Order to Show Cause was then sent
registered mail to Dr. Barrett's home address of 591 Sunbridge Drive in
Chesterfield, Missouri. Postal authorities were unsuccessful delivering
the Order to Show Cause to the Sunbridge Drive address and therefore
attempted to deliver the Order to Dr. Barrett at a third address of
1030 Meadowbrook in St. Charles, Missouri. The Order to Show Cause was
returned unclaimed to DEA on June 9, 1994.
DEA has attempted to deliver the Order to Show Cause to Dr. Barrett
at three different addresses. Despite the efforts of Postal
authorities, each attempt has been unsuccessful. Dr. Barrett is
therefore deemed to have waived his opportunity for a hearing. The
Deputy Administrator now enters his final order in this matter without
a hearing and based on the investigative file. See 21 CFR 1301.54(d)
and 1301.57.
The Deputy Administrator finds that in May 1989, the Missouri
Bureau of Narcotics and Dangerous Drugs (BNDD) inspected Dr. Barrett's
clinic, located in Springfield, Missouri, for compliance with state
controlled substance laws and regulations. Investigators found
presigned prescription pads belonging to Dr. Barrett which were
apparently to be used for providing patients with controlled substances
when Dr. Barrett was out of the office. Investigators also found that
Dr. Barrett maintained controlled substances on the clinic premises.
The Deputy Administrator notes that Dr. Barrett's Springfield clinic
was not a registered location under the Controlled Substances Act and
that Dr. Barrett was therefore not permitted to maintain controlled
substances at that location.
Based on the May 1989 inspection, BNDD issued an Order to Show
Cause to Dr. Barrett alleging that he was in violation of state
regulations requiring all registrants to provide effective controls
against theft of controlled substances. Dr. Barrett and BNDD
subsequently entered into a Memorandum of Understanding which
stipulated that he would surrender his state controlled substance
registration for thirty days, at which time he could reapply. The
agreement also imposed other restrictions on Dr. Barrett's state
controlled substance registration.
Despite persistent requests from BNDD, Dr. Barrett never executed
the necessary surrender forms. However, by letter dated January 2,
1992, BNDD advised Dr. Barrett's counsel that since Dr. Barrett had
ceased practicing at both his offices, his state controlled substance
registrations had automatically terminated. BNDD informed Dr. Barrett's
attorney that Dr. Barrett was no longer authorized by the State of
Missouri to possess, prescribe, administer or dispense controlled
substances but that he could reapply for registration.
The Deputy Administrator further finds that Dr. Barrett's state
medical license was revoked on August 6, 1992, by the Missouri State
Board for the Healing Arts (Board). The Board concluded that Dr.
Barrett was repeatedly negligent in his treatment of patients. The
Board further found that Dr. Barrett had violated state controlled
substance laws by signing blank prescriptions.
It is well established that the DEA cannot register a practitioner
who is not duly authorized to handle controlled substances in the state
in which he does business. See 21 U.S.C. 823(f). DEA has consistently
held that practitioners who lack state authorization to handle
controlled substances cannot be registered with the Drug Enforcement
Administration. See Ramon Pla, M.D., 51 FR 41168 (1986); George S.
Heath, M.D., 51 FR 26610 (1986); Dale D. Shahan, D.D.S., 51 FR 23481
(1986).
Consequently, the Deputy Administrator concludes that since Dr.
Barrett is no longer authorized to handle controlled substances by the
State of Missouri, Dr. Barrett's DEA Certificate of Registration should
be revoked. Accordingly, the Deputy Administrator of the Drug
Enforcement Administration, pursuant to the authority vested in him by
21 U.S.C. 823 and 824 and 28 CFR 0.100(b) and 0.104,
[[Page 19085]] hereby orders that DEA Certificate of Registration
AB7432571, issued to Scott R. Barrett, Jr., M.D., be, and it hereby is,
revoked, and that any pending applications for registration be, and
they hereby are, denied. This order is effective May 15, 1995.
Dated: April 10, 1995.
Stephen H. Greene,
Deputy Administrator.
[FR Doc. 95-9185 Filed 4-13-95; 8:45 am]
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